Scope of this Privacy Statement
This Privacy Statement describes the types of personal information Swell Systems Inc. ("Swell," "us," "we" or "our") collects through our website and the Site, and how we collect, use, and share that information. This Privacy Statement does not govern our collection of personal information through any website or other means, other than through the Site.
Our processing of personal data, such as the name, address, e-mail address, or telephone number, shall be undertaken consistent with the requirements of the General Data Protection Regulation ("GDPR"). The purpose of this Privacy Statement is to provide to users and potential users of our website information about the nature, scope, and purpose of the personal data we collect, use and process and to advise data subjects of their rights. Whether as the data controller or processor, Swell has implemented numerous technical and organizational measures to ensure the protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed.
By using the Site, you accept our practices surrounding the collection, use, and sharing of personal information provided by you in the manner described in this Privacy Statement. If you do not agree with the terms of this Privacy Statement, you cannot access, browse, or use the Site.
Personal Information We Collect
Information You Give Us
Except for physical location information and tracking technologies (as described below), you do not have to give us any personal information to browse this Site. However, you may be asked to provide personal information to submit or request information from us, or to use the services offered through this Site. Once you provide us with personal information about you, you are no longer anonymous to us. This information may include:
Registration Information: When you sign up for the Site, you are required to provide information such as your name, username, password, and email address. You may be required to provide information about your company, such as the name of your company, company address (including city, state, and zip code), and the name and email address of the primary contact within the company.
Profile Information: You may choose to provide us with profile information, such as your picture, bio, interests, business address, email address, phone number, and links to other websites. By default, this information will be made public to users of the Site.
Payment Information: If you purchase products, services, or subscriptions through the Site, you will be required to provide payment card information so that we may process the transaction, including without limitation the name of the cardholder, payment card number, CVV number, payment card expiration date, billing address, shipping address, and the recipient's name.
User Testimonials and Pictures: You may choose to provide us with user testimonials, including pictures that you submit to the Site. This information may be made public to users of the Site and other third parties.
Additional Information: Additional information that you provide to us, including through the use of our services, feedback, messages, emails, posts to public discussion boards (including requests for referrals), answers to surveys, or questionnaires that you may submit.
Emails: You may choose to sync your third-party email account with our services and send emails through the Site. If you choose to use this email feature, you will be required to provide your email host, username, and password for your third-party email account. We access your email messages in real-time when you sync your email and we do not store your emails on our servers unless you use the "delay send" feature. If you choose to delay the transmission of an email, we will save that email until the time it is sent.
Sync with Third Parties: You may choose to sync your account with certain third-party services, such as your address book, calendar, chat messages, invoices, estimates, leads, opportunities, and workroom. We may receive personal information and other information when you sync the third-party services with our Site.
Google User Data
SWELLEnterprise® is able to integrate with the user's Gmail, Google Calendar, and Google Drive account to let users read/write/update and delete using the Google Calendar API, Google Drive API, and Gmail API. The service integrates into Google Calendar, Google Drive, and Gmail and needs to connect with your Google account. The only information we store is the email address of the Gmail account you have connected to our service, the access token, and identifiers for drafts, events, and messages used through the service.
We use this information only to provide you with the following services:
- Email sending through the SWELLEnterprise® platform on your behalf
- Tracking of replies to messages sent through the SWELLEnterprise® platform
We do not store incoming emails or files from your Google Drive and Gmail accounts. We use access to your folders such as Inbox, Sent, Draft, Trash through your Gmail account to allow you to read messages and move messages between folders. We use access to draft sending in your Gmail account to ensure the operability of the Email Scheduling feature.
You can revoke SWELLEnterprise®'s access to your Google Calendar, Google Drive, and Gmail account in the profile settings page of your SWELLEnterprise® account. We delete all data collected from your Gmail, Google Calendar, and Google Drive account upon request.
We do not share or pass data to any third parties under any circumstances. We can only give access to data to authorized authorities upon lawfully authorized request or in cases of emergency.
Swell's use of information received, and Swell's transfer of information to any other app, from Google APIs, will adhere to Google's Limited Use Requirements.
Location Information
In order to access and use certain areas or features of the Site, you consent to our collection and use of your physical location information if you use the Site on a location-enabled device (including GPS, cellular, and Wi-Fi networks) or from your browser.
Automated Information Collection
In addition, you consent to our collection and use of certain information about your use of the Site through the use of tracking technologies or by other passive means. We may use analytics applications such as Google Analytics to help collect and analyze this information.
Log Information: When you access the Site, you also consent to our servers automatically recording information that your browser sends whenever you visit a website. These server logs may include information such as your web request, IP address, browser type, browser language, the date and time of your request, your computer operating system, mobile device and mobile operating system, name of your internet service provider, or your mobile carrier, and one or more cookies that may uniquely identify your browser.
Cookies: When you visit or access the Site, you consent to our use of one or more cookies (small text files containing a string of characters) to your computer that uniquely identifies your browser. We use cookies to improve the quality of the Site by storing user preferences and tracking user trends. Most web browsers accept cookies automatically but can be configured not to do so or to notify the user when a cookie is being sent.
Web Beacons: Web beacons (also known as "pixel tags" or "clear GIFs") are 1x1 single-pixel graphics that allow us to count the number of users who have visited or accessed the Site and to recognize users by accessing our cookies.
How We Use Personal Information
Swell Systems complies with its obligations under GDPR by: keeping personal data up to date where needed based on the purposes for which the personal data is being processed; by not collecting or retaining excessive amounts of data; by ensuring that appropriate technical measures are in place to protect personal data from loss, alteration, misuse, unauthorized access, and disclosure as it is transmitted, stored, or otherwise processed, and by using appropriate measures to securely destroy personal data when it is no longer needed by Swell Systems.
Personal information collected through the Site may be used by us and our affiliates for purposes of:
- Managing your account and providing the products and services you select through this Site
- Responding to your questions and feedback
- Contacting you, whether by email, postal mail, or telephone with information about this Site, our products, or our services
- Auditing, research, and analysis to maintain, protect, and improve this Site and our services
- Ensuring the technical functions of our network
- Improving and customizing the content and layout of the Site
- Tailoring advertisements to you with your consent
- Developing new products and services
Personal Information We Share
We do not sell, rent, trade, or otherwise share personal information collected through the Site, except as described below:
In Connection with our Offerings: The Site involves the sharing of certain personal information collected through the Site with other users of the Site, and as you otherwise provide your consent.
Subsidiaries and Affiliates: We may share personal information with our subsidiaries and affiliates for the purposes for which you provided the information or as reasonably necessary for our internal administrative and business purposes.
Service Providers: We work with third parties that provide services on our behalf. Such services may include website hosting, marketing, push notifications, website usage analytics, and order fulfillment service providers.
Required by Law: We may disclose personal information or any information collected through this Site if we are required to do so by law or pursuant to legal process, in response to a request from government officials or law enforcement authorities.
Certain Transactions: We may disclose or transfer personal information or any information collected through this Site to third parties who acquire all or a portion of our business.
Your Rights and Your Personal Data
Unless subject to an exemption under the GDPR, you have the following rights with respect to your personal data:
- The right to request a copy of your personal data which Swell holds about you
- The right to request that Swell correct any personal data if it is found to be inaccurate or out of date
- The right to request your personal data is erased where it is no longer necessary for Swell to retain such data
- The right to withdraw your consent to the processing at any time of personal data to which you provided consent for processing
- The right to request that Swell provide you with your personal data and where possible, to transmit that data directly to another data controller (known as the right to data portability)
- The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing
- The right to object to the processing of personal data (where applicable)
- The right to lodge a complaint with a data supervisory authority
Transfer of Data Abroad
Swell will transfer personal data abroad only when there has been a documented adequacy determination, or where Swell has confirmed adequate privacy protections. If Swell transfers personal data to a third party acting as an agent of Swell, we will also require the third party to have adequate privacy protections in place.
Information Storage and Security
We employ reasonable security precautions to help protect against the loss, misuse, and alteration of personal information provided on or through the Site. These security measures include TLS security best practices and Secure Socket Layer (SSL) technology data transmission. However, no method of transmitting or storing data is completely secure. As a result, although we strive to protect personal information about you, we cannot guarantee the security of any information you transmit to us through or in connection with the Site.
A Special Note About Children
Children are not eligible to use the Site, and we ask that minors (children under the age of 18) not submit any personal information to us.
External Links
The Site may contain links to various websites that we do not control. When you click on one of these links, you will no longer be transacting business through the Site. Third-party websites maintain their own privacy policies, and we do not exercise any control over any of the third-party websites that may be linked to the Site.
Special Admonitions for International Use
The Site is hosted in the United States. All matters relating to the Site are governed exclusively by the laws of the State of North Carolina in the United States of America and not the jurisdiction in which you are located. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer.
Updates to this Privacy Statement
We may change or update the Site or any of our policies and procedures without prior notice. We will post a notice on this Site to advise you of any significant changes to this Privacy Statement. Your continued use of the Site signifies your continued assent to the terms of this Privacy Statement, as updated or amended at that time.
Name and Address of the Controller
The Data Controller for the purposes of GDPR or other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
Swell Systems Inc.
Attn: Derek Schmidt
1844 Sir Tyler Drive
Wilmington, NC 28405
Any data subject may, at any time, contact us directly with any questions and suggestions concerning data protection.
Questions Regarding this Privacy Statement
If you have any questions or comments regarding this Privacy Statement, please send us an email at support@swellsystem.com.